Ra 9165

THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002

(RA 9165)
Presented by:
ATTY. DANIEL A. ADEVA, III
Legal Division
Dangerous Drugs Board
IT IS THE POLICY OF THE STATE :
 to safeguard the. . . well-being of its

citizenry, particularly the youth, from
the harmful effects of dangerous drugs
 to re-integrate into society individuals who

have fallen victims to drug abuse or
dangerous drug dependence
Salient features of R.A. 9165
a) Heavier penalties;
Unlawful Act R.A 9165 (2002) R.A. 6425 (1972) Revised Penal Code
(1930)
Importation Life imprisonment to 14y 1d to life 2y4m1d to 6y; Fine
Death; Fine of imprisonment; Fine of P300-P10T
P500T- P10M of P14T-P30T
Sale, Delivery, (same as above) 12y1d to 20y; Fine (same as above)

Transportation of P12T-P20T
Maintenance of (same as above) (same as above) 11d to 2y4m; Fine of

den, dive or resort P300-P1,000
Possession 12y1d to Death; Fine 6y1d to 12y; Fine of (same as above)

of P300T-P10M P6T-P12T
Use 6y1d to 12y; Fine of (same as above) (same as above)
P50T-P200T (2nd
offense)
Salient features. . .
b) Non-applicability of the rules on plea bargaining;
c) Death penalty to a law enforcer or any person

found guilty of planting evidence;
d) School heads, supervisors and teachers shall be

deemed persons in authority;
e) Creation of the Philippine Drug Enforcement

Agency (PDEA) as the implementing arm of the
DDB. PDEA = Centralized campaign against
dangerous drugs
UNLAWFUL ACTS AND PENALTIES UNDER R.A. 9165
Section 4. Importation of Dangerous Drugs and/or Controlled

Precursors
and Essential Chemicals
 Penalties:
 Dangerous drug- life imprisonment to death
and fine P500T - P10M
 CPECs- imprisonment 12 years and 1 day to
20 years and fine P100T - P500T
 Maximum penalty:
 Use of diplomatic passport or facilities
 Financier
 Protector/Coddler- imprisonment 12 years and 1

day to 20 years and fine P100T – P500T
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals
 Penalties:
 Dangerous drugs - life imprisonment to death
and fine P500T – P10M
 CPEC- imprisonment 12 years and 1 day to 20 years
and fine P100T – P500T
 if committed within 100 meters from a school;
 if the victim is a minor or mentally incapacitated individual;
 if it is the proximate cause of the death of the victim;
 Financier
 Protector/Coddler- imprisonment 12 years and 1 day to 20 years and

fine P100T – P500T
Section 6. Maintenance of a Den, Dive or Resort
 Penalties:
 Dangerous drug- life imprisonment to death and
fine P500T – P10M
 CPEC- imprisonment 12 years and 1 day to 20 years and
 If proximate cause of death of user- death and
fine P1M – P15M
 Administered, delivered or sold to a MINOR
 Financier
 Protector/Coddler- imprisonment 12 years and 1 day to 20

years and fine P100T – P500T “Shabu Tiangge”
Section 7. Employees and Visitors of a Den, Dive or Resort
 any employee of a den, dive or resort who is aware

of the nature of the place as such
 any person who is aware of the nature of the place

as such and shall knowingly visit the same
 Penalty- Imprisonment 12 years and 1 day to 20

years and fine P100T - P500T
Section 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors
 Penalties:
 Dangerous drug- life imprisonment to Death and
fine P500T - P10M
 CPEC- Imprisonment 12 years and 1 day to 20 years and
fine P100T - P500T
 Maximum penalty- Financier
 Protector/Coddler- Imprisonment 12 years and 1 day to 20 years

and fine P100T to P500T
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus,
and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors
 Penalty- imprisonment 12 years and 1 day to 20 years and

 If it is used to inject, ingest, inhale or otherwise introduce
into the human body
Penalty- Imprisonment 6 months and 1 day to 4 years and
fine P10T- P50T
 Maximum penalty- if a minor or mentally incapacitated individual
is used
Section 11. Possession of Dangerous Drugs
 Penalty- life imprisonment to death and fine P500T - P10M

For possession of the following:
10 grams or more of opium; morphine; heroin; cocaine or cocaine hydrochloride;
50 grams or more of methamphetamine hydrochloride or "shabu";
10 grams or more of marijuana resin or marijuana resin oil;
500 grams or more of marijuana; and
10 grams or more of other dangerous drugs
 If lesser quantity: reduced penalty of imprisonment and fine

Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
 fit or intended for smoking, consuming, administering,
injecting, ingesting or introducing any dangerous drug
into the body.
 Penalty- imprisonment 6 months and 1 day to 4 years and

fine P10T- P50T
 Exempt: Medical practitioners and professionals

Section 13. Possession of Dangerous Drugs During Parties,
Social Gatherings or Meetings
 Possession of any dangerous drug during a party,

or at a social gathering or meeting, or in the
proximate company of at least two (2) persons
 Penalty- Death and Fine P10M
Ecstasy tablets
Section 15. Use of Dangerous Drugs
 Any apprehended or arrested person found positive for use

of any dangerous drug after confirmatory test
Penalty:
1st Offense- minimum of 6 months rehabilitation
in a government center
2nd Offense- Imprisonment 6 years and 1 day to 12
years and fine P50T – P200T
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs
or Are Sources Thereof
 Penalty- life imprisonment to death and fine P500T – P10M
 Maximum penalty: Financier
 Protector/Coddler- imprisonment 12 years and 1 day to 20 years

 Exempted: medical laboratories and medical

research centers for medical experiments and
research or for the creation of new types of
medicines
REGARDLESS OF QUANTITY / QUALITY

 Grant of Compensation, Reward and Award (section 22)
 To any person providing information, OR
 To law enforcers participating in the operation
 “which results in the successful confiscation, seizure or

surrender of dangerous drugs, plant sources of dangerous
drugs, and precursors and essential chemicals”
Board Regulation No. 1, series of 2005 (amending
Board Regulation No. 5, series of 2003)
“Capture of Wanted Drug Personalities. A reward

shall be paid to those who provide information
that leads directly to the arrest/recapture of drug
offenders who are at large.”
Section 25 – Qualifying Aggravating Circumstance in the Commission of
a Crime by an Offender under the Influence of Drugs
Section 35 – Accessory Penalties

- disqualified to exercise his civil rights, such as right of parental
authority or guardianship (person or property of ward), the right to
dispose property, or any other act of conveyance
- disqualified to exercise political rights such as the right to vote and
be voted for
- rights are suspended during the pendency of an appeal from
conviction
 Sec. 5. Arrest without warrant; when lawful. – A peace
officer or a private person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;
(b) When an offense has just been committed and he has
probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it; and
(c) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred
from one confinement to another.
Sec. 54 – Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation
a drug dependent or any person who violates Sec. 15 may,

by himself or through his parent, spouse, guardian or
relative within the 4th degree of consanguinity or affinity,
apply to the Board or its authorized representative for
treatment and rehabilitation.
Confinement and treatment in a Center shall not exceed

one (1) year
Thank you for your attention!

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THE COMPREHENSIVE

DANGEROUS DRUGS ACT OF 2002

 to safeguard the. . . well-being of its

 to re-integrate into society individuals who

Sale, Delivery, (same as above) 12y1d to 20y; Fine (same as above)

Maintenance of (same as above) (same as above) 11d to 2y4m; Fine of

Possession 12y1d to Death; Fine 6y1d to 12y; Fine of (same as above)

b) Non-applicability of the rules on plea bargaining;

c) Death penalty to a law enforcer or any person

d) School heads, supervisors and teachers shall be

e) Creation of the Philippine Drug Enforcement

Section 4. Importation of Dangerous Drugs and/or Controlled

 Protector/Coddler- imprisonment 12 years and 1

 Protector/Coddler- imprisonment 12 years and 1 day to 20 years and

 Protector/Coddler- imprisonment 12 years and 1 day to 20

 any employee of a den, dive or resort who is aware

 any person who is aware of the nature of the place

 Penalty- Imprisonment 12 years and 1 day to 20

 Maximum penalty- Financier

 Protector/Coddler- Imprisonment 12 years and 1 day to 20 years

 Penalty- imprisonment 12 years and 1 day to 20 years and

 Penalty- life imprisonment to death and fine P500T - P10M

 If lesser quantity: reduced penalty of imprisonment and fine

 Penalty- imprisonment 6 months and 1 day to 4 years and

 Exempt: Medical practitioners and professionals

 Possession of any dangerous drug during a party,

 Penalty- Death and Fine P10M

 Any apprehended or arrested person found positive for use

 Penalty- life imprisonment to death and fine P500T – P10M

 Maximum penalty: Financier

 Protector/Coddler- imprisonment 12 years and 1 day to 20 years

 Exempted: medical laboratories and medical

REGARDLESS OF QUANTITY / QUALITY

 “which results in the successful confiscation, seizure or

“Capture of Wanted Drug Personalities. A reward

Section 35 – Accessory Penalties

a drug dependent or any person who violates Sec. 15 may,

Confinement and treatment in a Center shall not exceed

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